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People v. McGourty

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 417 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the County Court, Orange County (Ritter, J.).


Ordered that the judgment is affirmed.

As a condition of accepting his plea, the defendant knowingly and voluntarily waived his right to seek appellate review of the order denying his suppression motion. In any event suppression was properly denied. Further, the defendant never sought to withdraw his plea or set aside his conviction prior to sentencing. Therefore, he cannot now raise that issue on appeal (see, People v. Williams, 36 N.Y.2d 829, cert denied 423 U.S. 873; People v. Ricciardi, 121 A.D.2d 407; People v. Colarusso, 103 A.D.2d 848). Mollen, P.J., Bracken, Brown and Spatt, JJ., concur.


Summaries of

People v. McGourty

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 417 (N.Y. App. Div. 1986)
Case details for

People v. McGourty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES EDWARD McGOURTY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 1986

Citations

125 A.D.2d 417 (N.Y. App. Div. 1986)

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